Bill Summary – FastDemocracy

H-2960.1
                           SUBSTITUTE HOUSE BILL 1991
     State of Washington         68th Legislature       2024 Regular Session
     By House Labor & Workplace Standards (originally sponsored by
     Representatives Fosse, Berry, Ramel, Reed, Ormsby, Ryu, Callan,
     Kloba, Doglio, Chopp, Paul, Berg, Lekanoff, Nance, Riccelli, Cortes,
     and Pollet)
     READ FIRST TIME 01/30/24.
      AN ACT Relating to paid sick leave; amending RCW         49.46.210;
  creating a new section; and providing an effective date.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 49.46.210 and 2023 c 267 s 1 are each amended to
 read as follows:
     (1) Beginning January 1, 2018, except as provided in RCW
 49.46.180, every employer shall provide each of its employees paid
 sick leave as follows:
     (a) An employee shall accrue at least one hour of paid sick leave
 for every forty hours worked as an employee. An employer may provide
 paid sick leave in advance of accrual provided that such front-
 loading meets or exceeds the requirements of this section for
 accrual, use, and carryover of paid sick leave.
     (b) An employee is authorized to use paid sick leave for the
 following reasons:
     (i) An absence resulting from an employee's mental or physical
 illness, injury, or health condition; to accommodate the employee's
 need for medical diagnosis, care, or treatment of a mental or
 physical illness, injury, or health condition; or an employee's need
 for preventive medical care;
                                       p. 1                         SHB 1991
     (ii) To allow the employee to provide care for a family member
 with a mental or physical illness, injury, or health condition; care
 of a family member who needs medical diagnosis, care, or treatment of
 a mental or physical illness, injury, or health condition; or care
 for a family member who needs preventive medical care; and
     (iii) When the employee's place of business has been closed by
 order of a public official for any health-related reason, or when an
 employee's child's school or place of care has been closed for such a
 health-related reason or a public emergency.
     (c) An employee is authorized to use paid sick leave for absences
 that qualify for leave under the domestic violence leave act, chapter
 49.76 RCW.
     (d) An employee is entitled to use accrued paid sick leave
 beginning on the ninetieth calendar day after the commencement of his
 or her employment.
     (e) Employers are not prevented from providing more generous paid
 sick leave policies or permitting use of paid sick leave for
 additional purposes.
     (f) An employer may require employees to give reasonable notice
 of an absence from work, so long as such notice does not interfere
 with an employee's lawful use of paid sick leave.
     (g) For absences exceeding three days, an employer may require
 verification that an employee's use of paid sick leave is for an
 authorized   purpose.   If    an   employer   requires  verification,
 verification must be provided to the employer within a reasonable
 time period during or after the leave. An employer's requirements for
 verification may not result in an unreasonable burden or expense on
 the employee and may not exceed privacy or verification requirements
 otherwise established by law.
     (h) An employer may not require, as a condition of an employee
 taking paid sick leave, that the employee search for or find a
 replacement worker to cover the hours during which the employee is on
 paid sick leave.
     (i) For each hour of paid sick leave used, an employee shall be
 paid the greater of the minimum hourly wage rate established in this
 chapter or his or her normal hourly compensation. The employer is
 responsible for providing regular notification to employees about the
 amount of paid sick leave available to the employee.
     (j) Except as provided in (l) of this subsection, accrued and
 unused paid sick leave carries over to the following year, but an
                                     p. 2                         SHB 1991
 employer is not required to allow an employee to carry over paid sick
 leave in excess of 40 hours.
     (k) Except as provided in (l) of this subsection, an employer is
 not required to provide financial or other reimbursement for accrued
 and unused paid sick leave to any employee upon the employee's
 termination, resignation, retirement, or other separation from
 employment. When there is a separation from employment and the
 employee is rehired within 12 months of separation by the same
 employer, whether at the same or a different business location of the
 employer, previously accrued unused paid sick leave shall be
 reinstated and the previous period of employment shall be counted for
 purposes of determining the employee's eligibility to use paid sick
 leave under ((subsection (1)))(d) of this ((section)) subsection. For
 purposes of this subsection (1)(k), "previously accrued and unused
 paid sick leave" does not include sick leave paid out to a
 construction worker under (l) of this subsection.
     (l) For workers covered under the North American industry
 classification system industry code 23, except for North American
 industry classification system code 236100, residential building
 construction, who have not met the 90th day eligibility under (d) of
 this subsection at the time of separation, the employer must pay the
 former worker the balance of their accrued and unused paid sick leave
 at the end of the established pay period, pursuant to RCW
 49.48.010(2), following the worker's separation.
     (2) ((For purposes of this section, "family member" means any of
 the following)) The definitions in this subsection apply throughout
 this section, except for subsection (5) of this section:
     (a) ((A child, including)) "Family member" means a child,
 grandchild, grandparent, parent, sibling, or spouse of an employee,
 and also includes any individual who regularly resides in the
 employee's home or where the relationship creates an expectation that
 the employee care for the person, and that individual depends on the
 employee for care. "Family member" includes any individual who
 regularly resides in the employee's home, except that it does not
 include an individual who simply resides in the same home with no
 expectation that the employee care for the individual.
     (b) "Child" means a biological, adopted, or foster child, a
 stepchild, a child's spouse, or a child to whom the employee stands
 in loco parentis, is a legal guardian, or is a de facto parent,
 regardless of age or dependency status((;)).
                                     p. 3                         SHB 1991
     (c) "Grandchild" means a child of the employee's child.
     (d) "Grandparent" means a parent of the employee's parent.
     (((b) A)) (e) "Parent" means the biological, adoptive, de facto,
 or foster parent, stepparent, or legal guardian of an employee or the
 employee's spouse ((or registered domestic partner)), or ((a person))
 an individual who stood in loco parentis to an employee when the
 employee was a ((minor)) child((;
     (c) A spouse;
     (d) A registered domestic partner;
     (e) A grandparent;
     (f) A grandchild; or
     (g) A sibling)).
     (f) "Spouse" means a husband or wife, as the case may be, or
 state registered domestic partner.
     (3) An employer may not adopt or enforce any policy that counts
 the use of paid sick leave time as an absence that may lead to or
 result in discipline against the employee.
     (4) An employer may not discriminate or retaliate against an
 employee for his or her exercise of any rights under this chapter
 including the use of paid sick leave.
     (5)(a) The definitions in this subsection apply to this
 subsection:
     (i) "Average hourly compensation" means a driver's compensation
 during passenger platform time from, or facilitated by, the
 transportation network company, during the 365 days immediately prior
 to the day that paid sick time is used, divided by the total hours of
 passenger platform time worked by the driver on that transportation
 network company's driver platform during that period. "Average hourly
 compensation" does not include tips.
     (ii) "Driver," "driver platform," "passenger platform time," and
 "transportation network company" have the meanings provided in RCW
 49.46.300.
     (iii) "Earned paid sick time" is the time provided by a
 transportation network company to a driver as calculated under this
 subsection. For each hour of earned paid sick time used by a driver,
 the transportation network company shall compensate the driver at a
 rate equal to the driver's average hourly compensation.
     (iv) For purposes of drivers, (("family member" means any of the
 following)) the following definitions apply:
                                     p. 4                         SHB 1991
     (A) ((A child, including)) "Family member" means a child,
 grandchild, grandparent, parent, sibling, or spouse of a driver, and
 also includes any individual who regularly resides in the driver's
 home or where the relationship creates an expectation that the driver
 care for the person, and that individual depends on the driver for
 care. "Family member" includes any individual who regularly resides
 in the driver's home, except that it does not include an individual
 who simply resides in the same home with no expectation that the
 driver care for the individual.
     (B) "Child" means a biological, adopted, or foster child, a
 stepchild, a child's spouse, or a child to whom the driver stands in
 loco parentis, is a legal guardian, or is a de facto parent,
 regardless of age or dependency status((;)).
     (C) "Grandchild" means a child of the driver's child.
     (D) "Grandparent" means a parent of the driver's parent.
     (((B) A)) (E) "Parent" means the biological, adoptive, de facto,
 or foster parent, stepparent, or legal guardian of a driver or the
 driver's spouse ((or registered domestic partner)), or ((a person))
 an individual who stood in loco parentis to a driver when the driver
 was a ((minor)) child((;
     (C) A spouse;
     (D) A registered domestic partner;
     (E) A grandparent;
     (F) A grandchild; or
     (G) A sibling)).
     (F) "Spouse" means a husband or wife, as the case may be, or
 state registered domestic partner.
     (b) Beginning January 1, 2023, a transportation network company
 must provide to each driver operating on its driver platform
 compensation for earned paid sick time as required by this subsection
 and subject to the provisions of this subsection. A driver shall
 accrue one hour of earned paid sick time for every 40 hours of
 passenger platform time worked.
     (c) A driver is entitled to use accrued earned paid sick time
 upon recording 90 hours of passenger platform time on the
 transportation network company's driver platform.
     (d) For each hour of earned paid sick time used, a driver shall
 be paid the driver's average hourly compensation.
     (e)   A  transportation   network  company   shall  establish  an
 accessible system for drivers to request and use earned paid sick
                                     p. 5                         SHB 1991
 time. The system must be available to drivers via smartphone
 application and online web portal.
     (f) A driver may carry over up to 40 hours of unused earned paid
 sick time to the next calendar year. If a driver carries over unused
 earned paid sick time to the following year, accrual of earned paid
 sick time in the subsequent year must be in addition to the hours
 accrued in the previous year and carried over.
     (g) A driver is entitled to use accrued earned paid sick time if
 the driver has used the transportation network company's platform as
 a driver within 90 calendar days preceding the driver's request to
 use earned paid sick time.
     (h) A driver is entitled to use earned paid sick time for the
 following reasons:
     (i) An absence resulting from the driver's mental or physical
 illness, injury, or health condition; to accommodate the driver's
 need for medical diagnosis, care, or treatment of a mental or
 physical illness, injury, or health condition; or an employee's need
 for preventive medical care;
     (ii) To allow the driver to provide care for a family member with
 a mental or physical illness, injury, or health condition; care of a
 family member who needs medical diagnosis, care, or treatment of a
 mental or physical illness, injury, or health condition; or care for
 a family member who needs preventive medical care;
     (iii) When the driver's child's school or place of care has been
 closed by order of a public official for any health-related reason or
 has been closed due to a public emergency;
     (iv) For absences for which an employee would be entitled for
 leave under RCW 49.76.030; and
     (v) During a deactivation or other status that prevents the
 driver from performing network services on the transportation network
 company's platform, unless the deactivation or status is due to a
 verified allegation of sexual assault or physical assault perpetrated
 by the driver.
     (i) If a driver does not record any passenger platform time in a
 transportation network company's driver platform for 365 or more
 consecutive days, any unused earned paid sick time accrued up to that
 point with that transportation network company is no longer valid or
 recognized.
     (j) Drivers may use accrued days of earned paid sick time in
 increments of a minimum of four or more hours. Drivers are entitled
                                     p. 6                         SHB 1991
 to request four or more hours of earned paid sick time for immediate
 use, including consecutive days of use. Drivers are not entitled to
 use more than eight hours of earned paid sick time within a single
 calendar day.
     (k) A transportation network company shall compensate a driver
 for requested hours or days of earned paid sick time no later than 14
 calendar days or the next regularly scheduled date of compensation
 following the requested hours or days of earned paid sick time.
     (l) A transportation network company shall not request or require
 reasonable verification of a driver's qualifying illness except as
 would be permitted to be requested of an employee under subsection
 (1)(g) of this section. If a transportation network company requires
 verification pursuant to this subsection, the transportation network
 company must compensate the driver for the requested hours or days of
 earned paid sick time no later than the driver's next regularly
 scheduled date of compensation after satisfactory verification is
 provided.
     (m) If a driver accepts an offer of prearranged services for
 compensation from a transportation network company during the four-
 hour period or periods for which the driver requested earned paid
 sick time, a transportation network company may determine that the
 driver did not use earned paid sick time for an authorized purpose.
     (n) A transportation network company shall provide each driver
 with:
     (i) Written notification of the current rate of average hourly
 compensation while a passenger is in the vehicle during the most
 recent calendar month for use of earned paid sick time;
     (ii) An updated amount of accrued earned paid sick time since the
 last notification;
     (iii) Reduced earned paid sick time since the last notification;
     (iv) Any unused earned paid sick time available for use; and
     (v) Any amount that the transportation network company may
 subtract from the driver's compensation for earned paid sick time.
 The transportation network company shall provide this information to
 the driver no less than monthly. The transportation network company
 may choose a reasonable system for providing this notification,
 including but not limited to: A pay stub; a weekly summary of
 compensation information; or an online system where drivers can
 access their own earned paid sick time information. A transportation
 network company is not required to provide this information to a
                                     p. 7                         SHB 1991
 driver if the driver has not worked any days since the last
 notification.
     (o) A transportation network company may not adopt or enforce any
 policy that counts the use of earned paid sick time as an absence
 that may lead to or result in any action that adversely affects the
 driver's use of the transportation network.
     (p) A transportation network company may not take any action
 against a driver that adversely affects the driver's use of the
 transportation network due to his or her exercise of any rights under
 this subsection including the use of earned paid sick time.
     (q) The department may adopt rules to implement this subsection.
     NEW SECTION.   Sec. 2.    The department of labor and industries
 must develop materials and conduct outreach to inform individuals and
 businesses of the new p